Nand Kishore Yadav @ Nand Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58350 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- Gadhiya Bazar District- East Champaran ====================================================== 1.

Nand Kishore Yadav @ Nand Kishore Kumar S/O Lalbabu Yadav Resident of Vill.- Pipra Aman (Punas) P.S- Garhiya Bajar, Dist -East Champaran. 2.

Nishindra Kumar @ Nishindra Kijlisj S/O Nand Kishore Yadav @ Nand Kishore Kumar Resident of Vill.- Pipra Aman (Punas) P.S- Garhiya Bajar, Dist -East Champaran.

3.

Lalbabu Rai S/O Late Darger Rai @ Late Danger Rai Resident of Vill.- Pipra Aman (Punas) P.S- Garhiya Bajar, Dist -East Champaran. 4.

Shivani Kumari @ Shiwani Kumari D/O Nand Kishore Yadav @ Nand Kishore Kumar Resident of Vill.- Pipra Aman (Punas) P.S- Garhiya Bajar, Dist -East Champaran.

5.

Shripati Devi W/O Nand Kishore Yadav @ Nand Kishore Kumar Resident of Vill.- Pipra Aman (Punas) P.S- Garhiya Bajar, Dist -East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-10-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State, Shri Rabindra Kumar. 2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 137(2), 96, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita. 3.

The learned counsel for the petitioners submits that petitioner no.1 and 5 have antecedent of one case and petitioner no.2, 3 and 4 are persons with clean antecedent. It is next submitted that earlier father of the informant had instituted

Patna High Court CR. MISC. No.58350 of 2025(4) dt.16-10-2025 2/3 Sahebganj P.S. Case No.568/2024 against the petitioner no.1 and 5 along with Navin alleging that Navin had kidnapped the maternal grand daughter of the informant. It is submitted that in Sahebganj P.S. Case No.568/2024, the police after investigation submitted final form in favour of petitioner no.1 and 5 i.e. father and mother of Navin, exonerating them of the allegation. It is next submitted that victim also came back and her statement was recorded under Section 183 BNSS, wherein she did not support the case of the prosecution as such Navin also got anticipatory bail. It is further submitted that thereafter the instant FIR came to be instituted by the mother of victim against Navin and his family members with similar allegation that they kidnapped her minor daughter.

4.

The learned counsel for the petitioners submits that victim has been recovered and her statement under Section 183 BNSS has been recorded, wherein she has not supported the case of the prosecution; and Navin has been arrested and is in custody.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but then fairly submits that victim has come back and her statement was recorded under Section 183 BNSS, wherein she has not supported the case of

Patna High Court CR. MISC. No.58350 of 2025(4) dt.16-10-2025 3/3 the prosecution rather has stated that she had eloped with Navin and were staying in Gujarat.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Garhiya Bazar P.S. Case No. 42 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T